The property industry is filled with natural-born problem solvers, but there are times when a professional mediator can help to navigate complex issues and preserve relationships. So how do you choose a mediator?
The challenges of COVID-19 continue to place unprecedented pressure on businesses across the property industry. From landlords and tenants renegotiating leases to construction partners working through contract disputes, there’s never been a bigger need for mediation services.
“A lot of people in the property industry are negotiating every day and are natural problem solvers. But professional mediation gives them a framework that can be very helpful when preservation of commercial relationships is a priority,” says Bianca Keys, chairperson of the Mediator Standards Board.
The MSB was established to support and promote high standards and to enhance the quality of mediation services in Australia. The MSB is responsible for overseeing the National Mediator Accreditation System, which was introduced in 2008.
“People often think mediators are problem solvers, but mediators actually empower others to solve their own problems,” Keys explains.
Mediators can support negotiations around quality, deadlines, contingencies and to “help parties navigate an amicable or risk-managed exit arrangement”.
“Mediation doesn’t have to be reactive – it can be proactive and about collaborative problem solving.”
Anyone can call themselves a mediator. But in the absence of legislative or compulsory standards that govern mediation professionals, finding quality mediators can be a challenge.
“If you’re not using an accredited mediator, you can’t be certain that they have been trained in the principles of effective mediation, or that they are covered by insurance and complaints handling procedures,” Keys says.
Using an accredited mediator provides access to a multi-industry backed set of standards:
- Competence: All NMAS mediators are trained and assessed in accordance with a comprehensive set of processes, skills and ethical requirements.
- Credibility: NMAS mediators commit to best practice standards, including independence and impartiality.
- Experience: To achieve accreditation, NMAS mediators must meet practical experience and training requirements during each accreditation period.
- Accountability: An independent complaints mechanism is in place for all NMAS mediators.
- Insurance: Professional indemnity insurance and evidence of good character are requirements of accreditation.
“Everyone has a story – and stories are never black and white. A good mediator guides people through a process that empowers them to identify and address their concerns and design their own ending to the story.”
Is your mediator nationally accredited? The easiest way to find out is to look for a National Mediator Accreditation System logo or check the register of nationally accredited mediators.
